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Pressure-Test
Pressure-test an advice memo before it goes out
Reads your memo twice: once as the executive who has to act on Monday, once as the regulator or plaintiff's lawyer reading it in two years, and names the sentences that fail each one.
Your prompt
2
Pressure-test it
3
Go deeper
Before you run it
What to gather first
Watch for
What comes back
See an example of what you’ll get
*(After you answer the four questions: the CEO has already told the board it ships in Q3, so a flat no is not on the table; nothing has been said publicly beyond that; the "users expect this" fact came from one product manager; and the business is asking how do we, not can we.)*
What the executive takes away. "Legal says it's complicated but doable if we update the privacy notice." Monday action: she tells the engineers to build it and asks marketing to update the notice. That is not what your memo says, and the gap between those two sentences is the whole problem.
The answer sentence. There isn't one. The closest is on p. 4: *"Depending on how the data was originally collected, this use may fall outside the scope of the disclosures made at the point of collection."* That is a description of a risk, not an answer. Drafted from your own analysis: "You can launch this for customers who joined after the November 2024 notice, and you cannot launch it for the 2.1M customers who joined before, unless we re-consent them first."
Qualifiers that matter. Two. (1) The collection-date split: it changes who gets the feature. (2) The EU segment, which is a different answer entirely. Qualifiers that are noise. Four. "Regulatory attention in this area continues to evolve" (p. 2) tells her nothing she can act on and gives her a reason to discount the two that matter. Cut it and the three like it.
Conditions as a checklist.
1. Confirm the November 2024 notice covers advertising use. *Owner: Priya, privacy counsel, by Feb 28.*
2. Get the segment count of pre-November customers. *Owner: Dev, analytics, by Feb 26.*
3. Confirm no EU-resident records are in the training set. *Owner: Marcus, data engineering, by March 3.*
The later read (regulator in an enforcement inquiry).
- p. 3: *"We have not historically enforced the purpose-limitation language in our own notice."* Proves the company knew of a compliance gap, and dates that knowledge to this memo. Rewrite: state the forward-looking control, not the historical failure: *"Going forward, purpose-limitation review is a required gate for new data uses."*
- p. 5: *"If challenged, we would likely argue the use is compatible with the original purpose."* Proves the company anticipated a challenge and chose to proceed. This is litigation-posture speculation in a business memo. Delete it; it belongs in a separate file if anywhere.
- p. 2: *"Users would probably be surprised by this use."* In an FTC frame, "surprised" is close to a term of art. Delete or replace with the actual finding: what the notice says.
Privilege questions to confirm. Sections 3–4 read as product recommendations rather than legal advice, and two engineers are on the forward list. Confirm how a dual-purpose document is treated in the forum most likely to see it [UNVERIFIED - do not rely on any general rule here]. Practical fix regardless: split the product recommendations into a separate unmarked document so the legal analysis stands on its own.
What the memo never says. It never tells her to stop the pre-launch data pull that engineering has already started. It never evaluates the option of launching to the post-November cohort only, which is the answer. And it never delivers a "no" to anything, which is why she will read the whole thing as a yes.
Ranked fixes. (1) Add the answer sentence as the first line. (2) Delete the three sentences in the later-read section. (3) Move the conditions to a checklist with owners. (4) Cut the four noise qualifiers. (5) Split sections 3–4 out. (6) Tell her about the data pull by phone today; do not write it.
What your answers changed. "How do we, not can we" is why the drafted answer sentence splits the customer base instead of resolving to a yes or a no. Had the business still been asking "can we," that sentence would read "No, not for the 2.1M customers who joined before November 2024," fix (1) would be to put that in the first line and stop, and the cohort split would be an alternative I offered rather than the answer itself. That the CEO has already committed Q3 to the board is why the conditions are a checklist with named owners and dates months ahead of the ship rather than a gate. With a flat no available, item (1) would read "do not launch to the pre-November cohort until re-consent is complete" and the other two would wait behind it. Your "nothing said publicly" answer changed nothing here. Had a feature shipped or a statement gone out, the ending would have had to deal with unwinding it; as it is, no line of the fix list turned on that answer.
Why this prompt is built the way it is
## Framework
1. **Read as the recipient, on their clock.** State the answer they took away and what they do Monday. No takeaway is finding one.
2. **Find the answer sentence.** Quote it with a location. If none exists, draft one from the memo's own analysis.
3. **Sort the qualifiers.** Those that change what the recipient does, and those that are noise burying them.
4. **Conditions become a checklist with owners.** A condition nobody owns is not a condition.
5. **Read again as the adversary, two years on.** Quote every sentence that reads as an admission, a conclusion of unlawfulness, dated knowledge, or speculation about liability, and say what each proves.
6. **Test the privilege posture against the document.** Legal advice or business advice in legal packaging; non-legal recipients; an investigation summary that should have been segregated. Questions to confirm, never rules stated from memory.
7. **Name what the memo never says.** The option not evaluated, the "no" not delivered, the escalation not recommended, the thing to stop today.
8. **Rank the fixes**: cut, move to the front, move to a separate file, or say out loud instead of writing.